The Election Petitions Tribunal sitting in Ado Ekiti, Ekiti State capital has upheld the victory of the People’s Democratic Party, PDP, candidate, Senator Biodun Olujimi, representing Ekiti South Senatorial District at the national assembly.
The Tribunal threw out the petition filed by the All Progressives Congress, APC, candidate, Chief Tony Adeniyi for lack of merit. The 1st Petitioner (Adeniyi) also claimed that Olujimi did not resign from office as board member of the Nigeria Communications Commission, NCC, within the time allowed by law before the conduct of the election.
In the judgment delivered by Justice P.A. Obayi the tribunal held that Olujimi, was not a public officer in the employ of the Federal Government as claimed by Adeniyi.
Obayi, said evidence before the tribunal showed that Olujimi as a non-executive member of the NCC board on part-time basis was not employed in the public service of the federation as claimed by the 1st petitioner.
According to the panel, the PDP senator was not a public servant as envisaged in the First Schedule of the 1999 Constitution (as amended). The tribunal held that from the evidence adduced before it, it came to a conclusion that Olujimi was never a staff member of NCC.
The panel ruled that the evidence before it that Olujimi was not in the employ of NCC was “iron cast and rock solid.” Resolving the first issue for determination, the tribunal said the second question of whether the 1st Respondent resigned her appointment as a board member of NCC did not arise.
The panel ruled that having been proved not to be in the public service, the second question has been become academic, speculative and theoretically serves no purpose.
“The petition lacks merit and it is accordingly dismissed”, Justice Obayi concluded. The former Lagos State Commissioner for Women Affairs, Mrs. Remi Adiukwu-Bakare, who represented Olujimi in court, commended the judgment which she described as “apt and scholarly.” Adeniyi, however, signified his intention to file an appeal against the tribunal judgment.

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